Lifting a Protective Order in Virginia

In Virginia, restraining orders are known as protective orders, and the courts are authorized to issue emergency protective orders, preliminary protective orders, and permanent protective orders. These are normally issued due to some type of family abuse, including by those in the immediate household. Obtaining a protective order and requesting one be lifted are complex, so it’s important to retain a skilled Virginia family law attorney who can help you through the process.

Types of Protective Orders

Before discussing the process of lifting a protective order, it’s important to understand the different types of orders issued in Virginia.

Emergency Protective Orders: These can be issued around the clock every day of the year. Because of the emergency nature of these, they may be issued ex parte, which means no notice is given to the defendant, or alleged abuser. They expire 72 hours after issuance, and until 5 p.m. the following business day if the court is not in session when the order expires.

Preliminary Protective Orders: If a person still needs a protective order once the emergency order expires, they can file for a preliminary protective order. These are generally granted ex parte and in most jurisdictions are not hard to obtain.

Full Protective Orders: These are issued when a family member has suffered “family abuse” and it doesn’t require the need to show imminent danger. These typically remain in effect for two years.

Lifting a Protective Order in Virginia

If both parties want to dissolve a protective order, they are required to go to court. It’s tricky because even by going to court together, the respondent is in violation of the protective order if he or she does not request the court to dissolve the protective order. Even when parties consent, making contact with the petitioner is a violation, and if found guilty, it’s a Class I Misdemeanor the first time around and carries a mandatory jail sentence.

You’ll need to have evidence and support to show why the protective order should be lifted. This includes information like:

Documentation regarding rehabilitation or work status

Statements given by other pertinent individuals

Probation records and other law enforcement documentation that can attest to the person’s prior criminal offense(s)

If related, evidence showing child custody and visitation rights

Why Would Parties Want to Lift a Protective Order?

Obviously, the respondent would like to have the protective order lifted as it can have serious repercussions in their daily life. It can affect their rights and cause additional problems in the future.

If the request to lift the protective order is from the respondent only, he or she needs to show proof of good behavior and no outstanding issues with the court system. In general, a judge will look at the individual facts and analyze other issues to decide whether the respondent is eligible for a change in status. The decision to lift a protective order may be very different depending on whether it was a preliminary protective order or a full one.

Family Law Attorneys in Virginia

If you’re requesting a protective order be lifted, you need an experienced Virginia domestic violence attorney. Contact Whitbeck Cisneros McElroy PC at 703-997-4982 to schedule a consultation. Let our knowledgeable lawyers help with all your family law needs.

Whitbeck Cisneros McElroy PC

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